HSB 161

Under the bill, a city or county (local jurisdiction) seeking to use automated enforcement is required to receive approval from the DOT. A local jurisdiction is required to submit a justification report, detailing the need for automated enforcement based on factors described in the bill. The DOT must approve or deny a local jurisdiction’s request within days, unless additional time is needed to gather more data or conduct a speed study. If the DOT approves a request, the DOT must prepare an agreement which must be signed by the department and the local jurisdiction. The bill requires ATE systems to be installed and maintained in a safe manner and limits the locations on or along a roadway where the ATE system is permitted to be installed. The ATE systems must be calibrated quarterly, and if a mobile ATE system is used, it must be calibrated before each use at a new location. Local jurisdictions are required to post signs in advance of locations where ATE systems are used to advise drivers of such systems. Each year, a local jurisdiction that uses automated enforcement must evaluate the effectiveness of the ATE system and report its findings to the DOT on or before May 1. The DOT must review the annual reports and determine whether continued use of automated enforcement is justified. The DOT is authorized to require a local jurisdiction to remove or modify an ATE system in a particular location. A local jurisdiction may appeal a decision made by the DOT by submitting a written explanation of the issue and any supporting information to the director of the DOT. Once the director receives the appeal, the director has days to respond. The director’s decision is final agency action. Automated enforcement must be used in conjunction with conventional law enforcement methods, not as a replacement for law enforcement officer contact.